General Terms and Conditions

Before you register, carefully read the official competition rules below. You must agree to these official rules by clicking the checkbox where indicated when entering the competition.

1. Principle of Confidentiality

The organizer: the Young Americas Business Trust (YABT): Co-organizer: PepsiCo, judges, and any other person involved in TIC Americas, hereafter referred to as the "Competition," will maintain faithful enforcement of the Principle of Confidentiality of the projects presented by the teams for TIC Americas (including the Talent & Innovation and Eco-Challenge Awards) in accordance with the Rules, Terms and Conditions. 

All information submitted by the Teams during the Online Semi-Finals is considered confidential. Teams will be asked to provide a summary of the project that will be made available to the public though the YABT, TIC Americas, and PepsiCo websites, informational bulletins, and magazines. Websites listed by the Teams under the Team Profile will be considered public information. During the Online Semi-Finals and Virtual Finals, Project Plans will be reviewed by the judges, who have previously agreed to maintain confidentiality of the Business/Project Plans. Business/Project Plans during the live Finals presentation will be considered to be confidential information. 

It is the Teams' responsibility to decide which and how much information should be disclosed at any time during their participation in TIC Americas and Eco-Challenge. YABT and PepsiCo are not responsible for any type of complaints or demands from a third party claiming that a project or work submitted and presented to TIC Americas and Eco-Challenge contains proprietary work that they consider to be their own. 

2. Usage of Team Profiles and Pictures of Team Members 

By submitting a project the Team acknowledges that the Team Profile and pictures of Team Members that are submitted during the Team's participation in any phase of TIC Americas and Eco-Challenge will be collected and saved in the TIC Americas database. YABT and PepsiCo are authorized the rights of free use, reproduction, and dissemination of the Team Profile and Pictures for the purposes of TIC Americas and Eco-Challenge. 

Personal information, such as email, phone, gender, address, age, and education level collected at the time of registration will be added to YABT and PepsiCo's database, and Teams will receive communications regarding new programs, competitions, events, promotions, new products, etc. unless the Team opts out at registration. If at any point, the Team wants to cancel the subscription to any of the two databases, the Team may request the cancelation in writing by email to YABT. 

It is understood and agreed that this condition of use of the Profile, personal information, and pictures of the Teams does not violate the Principle of Confidentiality described in the previous clause nor does it at any time generate an obligation of payment or other remuneration as a lucrative activity in favor of the Team for such usage.

Therefore, within these Terms and Conditions by entering the YABT & PepsiCo Eco-Challenge and uploading your team profiles and pictures of team members, you irrevocably grant to YABT and PepsiCo and their agents the unconditional and perpetual right to post, display, publish, use, adapt, edit and/or modify such information in any way, in any and all media, for any purpose, without limitation, and without consideration to you. Teams agree to irrevocably assign and transfer to the Sponsors any and all rights, title and interest in these materials, including, without limitation, all copyrights and waive all moral rights in the materials selected to be the recipient of the Award. Teams unwilling to adhere to this principle will be disqualified and ineligible for the Award. 

All Competitors and Teams further agree to release and indemnify and hold harmless Sponsors and the YABT & PepsiCo Eco-Challenge Parties from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsors infringes on the rights of Competitors or Teams work as contained in any Project. 

PepsiCo and YABT will include written credits to the registered competitors in a Team in the final product that is produced by YABT and PepsiCo. 

* For Argentina residents, Article 14, paragraph 3 of Law No. 25.326, will be applied. The National Directory of Personal Data Protection, Law No. 25,326 Control Organ, has the authority to resolve grievances and complaints regarding the violation of the rules on personal data protection. 

* For residents of the Oriental Republic of Uruguay, Article 14 of Law No. 18,331-will be applied. The UNIDAD REGULADORA Y DE CONTROL DE DATOS PERSONALES, Law No. 18,331 Control Organ, has the authority to deal with complaints regarding the violation of the rules on personal data protection.

3. Selection of the Judges

YABT and PepsiCo will appoint judges for the Semi-finals and Virtual Final phases of the Competition. The judges will be professionals from the academic and business world and will be able to analyze different areas of the business/project plan such as innovation, marketing, technology, human resources, and finance. 

4. Decisions of the Evaluation Committee

The decisions of the Evaluation Committee will be final and not subject to appeal. The Evaluation Committee reserves the right to resolve any point not mentioned in the terms and conditions of TIC Americas and Eco-Challenge at its sole discretion. The Evaluation Committee will only assign Awards if the projects presented reach an adequate level of quality at its sole discretion. 

5. Announcement of the Finalists

Those Teams who qualify for the Finals phase of TIC Americas will be notified at the e-mail address used for the Team at the time of registration. The list of qualifying Finalists will be published on the TIC Americas website, www.ticamericas.net.

6. Disqualification

YABT, PepsiCo may disqualify any Team if: 

• There is actual, alleged or publicized illegal conduct of any registered Team member or mentor. 

•  Any registered Team member's behavior is considered offensive or violates generally accepted community standards of behavior including, but not limited to, illicit drug use or public intoxication, or an action that leads YABT and/or PepsiCo to believe or conclude that the public association with the Team subjects YABT and/or PepsiCo to ridicule, contempt, controversy, embarrassment or scandal.

Disqualified Teams and each registered member or of the Team will no longer be eligible to participate for any Award in TIC Americas, including the Eco-Challenge.

7. Tax and Legal Considerations

The cash prizes awarded may have legal or tax implications for the Team's domestic tax status in their home country and any taxes will be entirely the responsibility of the winning Team(s). YABT, PepsiCo hold no responsibility with these or any related tax or related legal obligations of the Teams or winners, nor does any Team represent or hold themselves to represent YABT or PepsiCo. 

8. Participation Guidelines for the Finals

This year’s Finals will be hosted in a Virtual Format, and therefore the participants are required to confirm their interest and availability to attend in the format presented. 

The Finalists are expected to participate in the preparatory online training sessions for the Finals established by the TIC Americas' organizers.  These online training sessions will provide additional mentoring, guidance, and preparation in the understanding and usage of the online platform environment.

There will be a testing of the online platform with the Finalists, in order for all participants to be comfortable and knowledgeable with the tools used during the Virtual Finals.

The Finalists' participation in any or all activities of the Virtual Finals is mandatory.  In the event that the Finalist Team elects not to participate in any or all designated activities for the Virtual Finals, the Finalist will be afforded no additional compensation in exchange. 

If the Team representing a Finalist Team is a minor (minimum age is determined by the Team's country of nationality's laws) the parent or legal guardian of that minor must sign all prize acceptance documents and accept the Award on behalf of the minor. The parent or legal guardian of such minor will be required to be present during the Virtual Finals presentation with the minor-aged Team member.  It is understood and agreed that if the parent or legal guardian so authorizes, the minor may appear with the other registered Teams to receive the award virtually.  The parent or legal guardian of the minor will not be provided any grant or support by YABT or PepsiCo.

9. Author's Rights

The Author's Rights of the Business/Project Plans presented during the development of TIC Americas/Eco-Challenge will be retained by the Teams who submitted them. 

YABT, PepsiCo and Eco-Challenge parties must be given first option on any aspect of the project, including but not restricted to: implementation, funding, communication, etc. PepsiCo and Eco-Challenge parties will have up to 180 days, starting a day after the TIC Americas/Eco-Challenge finals, to show and/or express their interest or not in investing in the Team’s business proposal. If an Eco-Challenge Team receives an investment opportunity, they will have to communicate it to YABT, PepsiCo and Eco-Challenge parties for their acknowledgment and approval.

If YABT and PepsiCo are interested in sponsoring the project, they will not own the Author's Rights to the project and these will be retained by the Team during the implementation of the project, if so elected. 

For those projects not selected as the winner and not recipient of the Award, the Team will retain proprietary rights to the project. YABT and PepsiCo will retain no interest in the proprietary rights for those projects not selected beyond the use of the Profile and photographs for promotion of the PepsiCo Eco-Challenge and TIC Americas. 

By submitting a project, the Team acknowledges that the project description that is submitted during the Team's participation in any phase of TIC Americas and Eco-Challenge will be collected and saved in the TIC Americas database. YABT and PepsiCo are authorized the rights of free use, reproduction, and dissemination of the project description for the purposes of TIC Americas and Eco-Challenge. 

It is understood and agreed that this condition of use of the project description does not violate the Principle of Confidentiality nor does it at any time generate an obligation of payment or other remuneration as a lucrative activity in favor of the Team for such usage. 

The Teams grant to PepsiCo and YABT the unconditional and irrevocable right to copyright, use, and publish such photograph(s) or information either alone or accompanied by other materials, in any manner and in any media (including but not limited to print, TV (broadcast or cable), the internet and on various social media platforms in PepsiCo’s or YABT’s sole discretion) in whole or in part, in edited, modified or altered format, at any time hereafter for any purpose whatsoever, including without limitation, for advertising, trade and marketing purposes all without prior examination or approval by the Team, including any written copy that may be created in connection therewith. 

The Teams also understand that they do not have any right to compensation in connection with the above granted rights and release and discharge PepsiCo and YABT from any and all claims and liability related to said photographs or information, including, without limitation, any claims based on libel, the right of publicity, the right of privacy or the commercial appropriation or use of name or likeness. 

10. Acceptance of the Terms and Conditions of TIC Americas

By registration for the YABT / PepsiCo Eco-Challenge, constitutes acceptance, on behalf of all the persons registering as the Team of all the Terms and Conditions included in this document. Modifications will be posted on the www.ticamericas.net website. It is the responsibility of the competitors to keep themselves up to date with publications and notices made by YABT and PepsiCo during the on-line and Finals phases 

Furthermore, by registering a Team, all competitors agree that: 

a) Any and all disputes, claims and causes of action arising out of or connected with their Project will be resolved individually, without resort to any form of class action; 

b) Any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will attorneys' fees be awarded or recoverable; 

c) The Team knowingly and expressly waives all rights to seek, punitive, incidental, consequential or special damages, lost profits and/or any other damages; 

d) They irrevocably waive any right to seek injunctive or equitable relief; and 

e) They release and indemnify and hold harmless YABT, PepsiCo, the Contest Parties and the Judges from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of YABT and PepsiCo infringes on any of the rights of Team's work as contained in the Project. 

 11. About the Organizer and Sponsor

• TIC Americas Organizer: Young Americas Business Trust, 1889 F Street NW, Washington, DC, 20006

• Eco-Challenge Sponsor: PepsiCo Inc., 1000 NW  57th Court, Suite 800, Miami, FL 33126

12. Limitations of Liability and Release 

No liability or responsibility is assumed by YABT and / or PepsiCo  or judges or other sponsors resulting from any user's participation in or attempt to participate in TIC Americas or their ability or inability to upload or download any information in connection with participating in the TIC Americas. No responsibility or liability is assumed by YABT and / or PepsiCo or judges or other sponsors for technical problems or technical malfunction arising in connection with any of the following occurrences or any other circumstance which may affect the operation of TIC Americas: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention of the operation of TIC Americas, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of TIC Americas, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. 

YABT and PepsiCo and judges and other sponsors are not responsible for any typographical errors in the announcement of prizes or these official TIC Americas Rules, or any inaccurate or incorrect data contained on the Website. Use of Website is at user's own risk. YABT / PepsiCo and the judges and other sponsors are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in TIC Americas, use of the Website or the download of any information from the Website. 

By participating in TIC Americas, the Team releases YABT & PepsiCo, judges and other sponsors from any and all claims, damages or liabilities arising from or relating to such Team's participation in TIC Americas. By accepting a prize in TIC Americas, each Team agrees that YABT & PepsiCo, judges and other sponsors shall not be liable for any loss or injury resulting from participation in the Contest, acceptance or use of any prize, or any travel related thereto. YABT & PepsiCo, judges and other sponsors are not liable in the event that any portion of TIC Americas, event or the event broadcast is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a "Force Majeure Event"). 

Registered Teams agree that YABT and PepsiCo have the sole right to decide all matters and disputes arising in TIC Americas and that all decisions of YABT and PepsiCo are final and binding. By acceptance of the award the Teams agree to release, indemnify and hold harmless YABT and PepsiCo judges and other sponsors, as well as each of their respective parent and affiliated companies or organization(s), and each of their employees, representatives, contractors, advertisers, YABT and PepsiCo from any and all liability, loss, damage, cost or claim relate to any allegation regarding the acceptance or use of their prize, including but not limited to the airing of the commercial Project. 

13. Modifications of the Terms and Conditions of the Competition

YABT and PepsiCo can modify the Terms and Conditions of the Competition and Awards, including increasing or decreasing prizes according to sponsor contributions. YABT may also modify the dates of the Competition or suspend temporarily or definitively the execution of the Competition as considered appropriate.

With the priority being to keep all participants, staff of YABT and PepsiCo, and other collaborators of the TIC Americas program safe and healthy during these uncertain times of COVID-19, the program has decided to organize the Finals of TIC Americas 2021 in a Virtual Format.

All the modifications to the actual Terms and Conditions will be published on the website www.ticamericas.net with a prior notification to the competitors. The current version that is posted on the www.ticamericas.net website is considered the applicable and final version. 

These Rules are the intellectual property of YABT. Total or partial reproduction is prohibited without prior written authorization. For any question, contact us via ticamericas@yabt.net




A. About the Organizers

InnovAction Organizer: Young Americas Business Trust, 1889 F Street NW, Washington, DC, 20006.

InnovAction Co-Organizer: Inter-American Foundation, 1331 Pennsylvania Avenue NW #1200, Washington, DC 20004.

Henceforth jointly referred to as the “Organizers”.

 

B. Governing Law

These terms will be governed by and construed in accordance with the laws of the United States of America.

 

C. Confidentiality

The Organizers commit to protecting the privacy and confidentiality of Teams through the following actions:

 

1. Competition Materials

Due to the nature of InnovAction, the Organizers, Judges, Mentors, and Sponsors and other partners will have access to Confidential Business Information. “Confidential Business Information'' means any information disclosed via the Competition Materials or other material submitted by Teams about their technologies, business plans, strategic or financial documents, projections, market research data on products and services, trade secrets, and production plans, etc. that is part of their business and is not public knowledge. Confidential Business Information does not include any information that (i) is now in or later enters the public domain through no wrongful act of a third party, (ii) was in possession of the Organizers, a Judge, Mentor, Sponsors, or other partner prior to the Team delivering the information, (iii) is or was independently developed by a third party, (iv) was disseminated with the authorization of a member of the Team to disclose the information to a third party, or (v) must be disclosed pursuant to requirements of law or valid legal process, provided that the team is notified in advance of the need for any such disclosure. Websites listed by the Teams during registration will be considered public knowledge.

 

By submitting Competition Materials, Teams agree that the Competition Materials and their corresponding Confidential Business Information will be collected and saved in the InnovAction database. The Organizers, Judges, Mentors, and Sponsors and other partners who gain access to Confidential Business Information shall not disseminate or use such materials or information for any purpose other than to judge or provide support to the Teams.

 

2. Team Profiles

Team Profiles, including but not limited to the business plan summary and photographs of Team Members, are considered public and may be shared in part or whole by the Organizers through their websites, informational bulletins, and magazines.

 

Personal identifying information (“PII”) contained in the Team Profile will remain confidential and be retained by YABT, who shall comply with applicable privacy laws of participating countries to adequately protect personal and business information of the applicants.[1]

 

YABT will collect and store the Team Profile, including but not limited to personal information such as email, phone, gender, address, age, and education level, in part to direct communications regarding new programs, competitions, events, promotions, and new products to the Team. If at any point, the Team wishes to opt out of communications and/or delete their data, the Team may submit the request by emailing YABT directly.

 

D. Intellectual property

Teams maintain Intellectual Property Rights over all materials submitted, including but not limited to their individual Competition Materials and Team Profiles.

 

It is the Teams' responsibility to decide which and how much information should be disclosed at any time during their participation in TIC Americas and InnovAction. YABT and Sponsors are not responsible for any type of complaints or demands from a third party claiming that a project or work submitted and presented to TIC Americas contains proprietary work that they consider to be their own.

 

1. Competition Materials

Teams shall retain the Author's Rights[2] of the Competition Materials. All Teams that register are considered authors of the Competition Materials they submit. The Organizers retain no interest in the Author’s Rights. If Teams have intellectual property rights, copyrights, or trademarks on content submitted as part of the Competition Materials, Team Members automatically grant the Organizers a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, worldwide and perpetual license to use your materials.

 

By submitting Competition Materials, you agree that there are no intellectual property rights, copyrights, trademarks, or other restrictions imposed by you or other parties that would prevent any content of the Competition Materials from being shared. The Organizers are not responsible for any type of complaints or demands from a third party claiming that Competition Materials or other materials submitted and presented to InnovAction contains proprietary work that they consider to be their own.

 

2. Team Profiles

By submitting a Team Profile, Teams irrevocably grant to the organizers and their agents the unconditional and perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to copyright, post, display, publish, use, adapt, edit and/or modify such photographs and information, including the business plan summary but exclusive of PII, either alone or accompanied by other materials,  in whole or in part, in edited, modified or altered format, in any manner and in any media, for any purpose, at any time hereafter, without limitation, at the Organizer’s sole discretion and without prior examination, approval, or consideration to Teams and Team members. The Organizers will include written credits to the Team in any published material that uses data provided in the Team Profile.

 

Teams do not have any right to compensation in connection with the above granted rights and release and discharge the Organizers from any and all claims and liability related to said photographs or information, including, without limitation, any claims based on libel, the right of publicity, the right of privacy or the commercial appropriation or use of name or likeness.

 

All Teams further agree to release and indemnify and hold harmless the Organizers, Sponsors, Judges, and the U.S. Government and its affiliates, officers, agents, grantees, or other partners and employees harmless, including attorneys’ fees and losses for infringement claims, from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of the Organizers infringes on the rights of Teams’ work as contained in any Competition Materials.

 

E. Disqualification

YABT may disqualify any Team if:

  • There is actual, alleged or publicized illegal conduct of any registered Team Member or mentor;
  • Any registered Team Member's behavior is considered offensive or violates generally accepted community standards of behavior including, but not limited to the use of illicit drugs or public intoxication; harassment or intimidation of other Teams; other obscene behavior; violation of intellectual property rights, copyrights, or trademarks; or any action that demonstrates an extreme lack of collegiality and sportsmanship

 

Disqualified Teams and each Team Member will no longer be eligible to compete in a future TIC Americas.

 

F. Tax and Legal Considerations

The cash award may have legal or tax implications for the Team's domestic tax status in their home country and payments of any taxes will be entirely the responsibility of the winning Team(s). The Organizers hold no tax responsibility or related legal obligations over the Teams, nor does any Team represent or hold themselves to represent the Organizers.

 

G. Participation

Participation in any or all activities related to InnovAction is voluntary. Teams will be afforded no compensation in exchange for their participation beyond the training opportunities and Awards laid out in the Rules.

 

H. Acceptance of the Terms and Conditions

Registration for InnovAction constitutes acceptance, on behalf of all the persons registering as the Team, of all the Rules, Terms and Conditions included in this document. Furthermore, by registering, all Teams and Team Members agree that:

a) Any and all disputes, claims and causes of action arising out of or connected with their participation will be resolved individually, without resort to any form of class action;

b) Any and all claims, judgments and awards will be limited to actual third-party, out-of-pocket costs incurred, but in no event will attorneys' fees be awarded or recoverable from the organizers;

c) The Team knowingly and expressly waives all rights to seek punitive, incidental, consequential or special damages, lost profits and/or any other damages;

d) They irrevocably waive any right to seek injunctive or equitable relief.

 

I. Limitations of Liability and Release

No liability or responsibility is assumed by the Organizers, Judges, or Sponsors resulting from any user's participation in or attempt to participate in InnovAction or their ability or inability to upload or download any information in connection with participating in InnovAction. No responsibility or liability is assumed by Organizers, Judges, or Sponsors for technical problems or technical malfunction arising in connection with any of the following occurrences or any other circumstance which may affect the operation of InnovAction: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Website in whole or in part for any reason; traffic congestion on the Internet or the Website; unauthorized human or non-human intervention of the operation of InnovAction, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of InnovAction, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with InnovAction.

 

The Organizers, Judges, and Sponsors are not responsible for any personal injury or property damage or losses of any kind which may be sustained to user's or any other person's computer equipment resulting from participation in InnovAction, use of the Website or the download of any information from the Website. By participating in InnovAction, the Team releases the Organizers, Judges, or Sponsors from any and all claims, damages or liabilities arising from or relating to such Team's participation in InnovAction. By accepting an Award in InnovAction, each Team agrees that the Organizers, Judges, or Sponsors shall not be liable for any loss or injury resulting from their participation, acceptance or use of any Award, or any travel related thereto. The Organizers, Judges, or Sponsors are not liable in the event that any portion of InnovAction, event or the event broadcast is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a "Force Majeure Event").

 

Teams agree that the Organizers have the sole right to decide all matters and disputes arising in InnovAction and that all decisions of the Organizers are final and binding. By accepting an Award the Teams agree to release, indemnify and hold harmless the Organizers, Judges, or Sponsors, as well as each of their respective parent and affiliated companies or organization(s), and each of their employees, representatives, contractors, advertisers from any and all liability, loss, damage, cost or claim related to any allegation regarding the acceptance or use of their prize, including but not limited to the airing of the commercial business plan.

 

J. Modification of the Rules, Terms and Conditions

The Organizers can modify the Rules, Terms and Conditions, including increasing, decreasing, or eliminating Awards. The Organizers may also modify the dates of InnovAction or suspend temporarily or definitively the execution of InnovAction as considered appropriate.

 

All the modifications to the actual Terms and Conditions will be published on the Website. The current version that is posted on the Website is considered the applicable and final version.

 

These Rules are the intellectual property of YABT. Total or partial reproduction is prohibited without prior written authorization. For any questions, contact ticamericas@yabt.net.

 

 

[1] For Argentina residents, Article 14, paragraph 3 of Law No. 25.326, will be applied. The National Directory of Personal Data Protection, Law No. 25,326 Control Organ, has the authority to resolve grievances and complaints regarding the violation of the rules on personal data protection. For residents of the Oriental Republic of Uruguay, Article 14 of Law No. 18,331-will be applied. The UNIDAD REGULADORA Y DE CONTROL DE DATOS PERSONALES, Law No. 18,331 Control Organ, has the authority to deal with complaints regarding the violation of the rules on personal data protection.

[2] “Authors' Rights” is a term frequently used in connection with laws about intellectual property. Author’s Rights have two distinct components: the economic rights in the work and the moral rights of the author. Author’s Rights are internationally protected by the Berne Convention for the Protection of Literary and Artistic Works and by other similar treaties.